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2005-052-RES APPROVING SALE OF TAX DELINQUENT PROPERTY DESCRIBED AS LOT 10-A CITY BLOCK 149 648 1ST SW RESOLUTION NO. 2005-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE SALE OF TAX DELINQUENT PROPERTY DESCRIBED AS LOT 10-A, CITY BLOCK 149, BEING NUMBER 648 1sT STREET SW; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris, Paris, Texas, has become the owner of certain real property as described on Exhibit A, attached hereto, by virtue of the fact that a sufficient bid was not received at a sale conducted by the Sheriff pursuant to an order of the District Court in the Cause Number shown on Exhibit A, attached hereto; and, WHEREAS, a potential buyer of the property has come forward; and, WHEREAS, all taxing entities involved in the above-referenced Cause must consent to the sale of the hereinabove described real property; and, WHEREAS, it is to the benefit of all the taxing entities involved that the property be returned to its respective tax rolls; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris , the tax resale deed and any and all documents necessary to convey the property described as Lot IO-A, City Block 149, being number 648 1st Street SW, and described on Exhibit A, attached hereto, for and in consideration of the cash sums referenced on said Exhibit A, said money to be distributed pursuant to Chapter 34 of the Texas Property Code. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 18th day of May, 2005. Mayor / ATTEST: C':b' ,& (' rxz '.fJ .~; Clerk APPROVED AS TO FORM: ~~ City Atto ey Those Voting Aye Were: Those Voting Nay Were: EXIDBIT"A" Cause No. 69073, Lamar County Appraisal District vs. Patsie Hart Judgment date May 3, 2002 Judgment Taxes Due: $6,976.07 Lamar County Appraisal District Adjudged Value $1l,850.00 Present Bid $500.00 Bidder In The Loop, LLC P. O. Box 26 Paris, TX 75461 PROPERTY DESCRIPTION 0.24 acre, more or less, in the Larkin Rattan Survey, City of Paris (Lot 10-A, City Block 149- Situs: 648 I st Street SW) <Acct #22778) IN TESTIMONY WHEREOF City of Paris, Ttustee has caused these presents to be executed this !t;{fJ dayof 1/..1 "~ ,2005. STATE OF TEXAS COUNTY OF LAMAR BY: Mayor x x This instrument was acknowledged before me on this If? !iiday of 111 tJ "4 2005, by {. u..r j. / <; 1::- f7 ..A-,vll ":f ' Mayor of the City of Paris. .J e'" fLlCE M. PINALTO "~ NOTARY PIl8UC . STATE OF nJ(AS , My Commission Expl... 01-29-2OOll After recording return to: In the Loop, LLC P. O. Box 26 Paris, TX 75461 \H:\Jean FosterlLamar\rsdeeds.05\6907Jdeera-City. Trustee-In The Loop_doc\03/29/0S 12:07 PM 3 (L':1 M~t2~-M- Notary Public, State of Texas Commission Expires: t(Q)fY Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number. TAX RESALE DEED ST ATE OF TEXAS x X KNOW ALL MEN BY THESE PRESENTS COUNTY OF LAMAR x That the City of Paris, Trustee, acting through the presiding officer of its governing body, hereunto duly authorized by resolution and order of the respective governing body which is duly recorded in their official Minutes, hereinafter called grantors, for and in consideration of the sum of $500.00 cash in hand paid by IN THE LOOP, LLC (PARIS LIVING IS SOLE MEMBER) P. O. BOX 26 PARIS, TX 75461 hereinafter called grantee(s), the receipt of which is acknowledged and confessed, have quitclaimed and by these presents do quitclaim unto said grantee all of the right, title and interest of all other taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Cause No. 69073, Lamar County Appraisal District vs. Patsie Hart, in the district court of said county, said property being located in Lamar County, Texas, and described as follows: 0.24 ACRE, MORE OR LESS, SITUATED IN THE LARKIN RATTAN SURVEY, LAMAR COUNTY, TEXAS, AND DESCRIBED IN DEED DATED JANUARY 11, 1991, FROM T. P. HARRIS, ET UX TO PATSIE HART, RECORDED IN VOLUME 199, PAGE 272, REAL PROPERTY RECORDS OF LAMAR COUNTY, TEXAS (ACCT #22778 PARIS ISD, CITY OF PARIS, PARIS JR. COLLEGE, LAMAR CO. & LAMAR CED) TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said grantees, their heirs and assigns forever, so that neither the grantors, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. SUBJECT however to the following covenant, condition and restrictions: (a) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of his race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renews or encourage a dual school system. These restrictions and conditions shall be binding upon grantee and grantee's successors, assigns, heirs and personal representatives for a period of fifty (50) years from the date hereof. The foregoing restrictions and the other covenants hereafter set out are covenants running with the land, and each and every parcel thereof, and shall be fully binding upon any person, firm, partnership, corporation, trust, church, club, governmental body, or other organization or entity whatever (whether private or governmental in nature), without limitation hereinafter acquiring any estate, title, interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its successors and assigns, shall be a waiver of the operation or enforcement of such restrictions; but neither restriction shall be construed to be a condition subsequent or special limitation on the estate thereby conveyed. It is further covenanted, that third party beneficiaries of the restrictions set forth above shall be as follows: (1) As to the restrictions set out in (a) above, any person prejudiced by its violation; (2) As to the restriction set out in (b) above, any public school district or any person prejudiced by its violation; and (3) As to either or both of the restriction set out in (a) and (b) above, the United States of America, as plaintiff, and the America G.!. Forum, the League of United Latin American Citizens (LULAC), and the National Association for the Advancement of Colored People (NAACP), as intervenors, in U.S. v. Texas, Civil Action No. 5281, Tyler Division, U.S. District County, Eastern District of Texas; reported in U.S. v. Texas, 321 F. Supp. 1043 (E.D. Tex. 1970); U.S. v. Texas, 330 F. Supp. 235 (E.D. Tex 1971); affd with modifications sub. nom. U.S. v. State of Texas and J. W. Edgar. et a!., 447 F2d 441 (5 Cir. 1971); stav den. sub. nom. Edgar v. U.S., 404 U.S. 1206 (1971); cert den. 404 U.S. 1016 (1972). It is further covenanted that in case of violation of either or both ofthe above restrictions, any of the third party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity against any person, firm, partnership, corporation, trust, church, club, governmental body or other organization or entity whatever (whether private or governmental in nature), without limitation: (A) To enforce either or both of such restrictions relating to the use of the above-described realty; (B) To abate or prevent violations of either or both of such restrictions; and (C) To recover damages for a breach of either or both such restrictions. It is further covenanted, that is any third party beneficiary referred to above shall prosecute proceedings at law or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attorney's fees from the violator or violators of either or both of such restrictions, of the Court finds that the proceedings were necessary to bring about compliance therewith. Taxes for the present year are to be paid by grantce(s) herein. Conveyance of the property herein is made "as is" and grantors make no warranty or representation as to the property's condition, suitability for any use, and property's location. This deed is given expressly subject to recorded restrictive covenants running with the land, and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the tax lien(s) arose. \H:Vean Foster\Lamar\rsdeeds_05\69073deera_City_Trustee-ln The Loop,doc\o3129f05 12:03 PM 2 562 1st SW 162:38 w w w w LOT 11 , , , , ~ Z-MFl i~~~ ~~~L: ii;j:~C;: iio~c;: mN , CP~,.....2 00...",1\ 574 5 MAIN Ne' ~~O~ ~~S~ ~<OOI :34 BRAME 24 BRAME 3=~g~ _~N 16254 16253 16252 _~N N ~ LOT 4 N N 0 ~ LOT 6 LOT 5 "" N N N -<; ~O -:;:- I-MF1 V N 582 1st SW Z-MF1 Z-MF1 N 16239 N ...... LOT 12 ...... '" Z-MFl '" ~ ~ ~ BRAME ~ :r: :r: 608 S MAIN UJ 604 1st SW 605 1st SW l- w 16427 ~ 16414 16413 <( , LOT 6 LOT lA LOT 1 l- ;?'..,.n- w w <( Z-MFI Vl nN~ , Z-MF1 ~,.....~ a.'I~,....~ , Z-MF"I l- ..... < a?<OLt1- ~3r!. 3=",01 Cl: ~'1 ..,.;: aJ~.....~ Vl _~N CP~,....:::E ..... Z 3=<001 3:<0:>01 <( N . ~N _~N 614 1st SW ~ 615 1st SW 618 S MAIN n N 16428 16416 ~ 0 ~ 15415 N LOT 7 vi LOT 2 LOT 3 Z-Mr; Z-MF1 Z-MF1 vi ... III ~ 625 3ra SW 625 1st SW 16442 LOT 21 15429 632 S MAIN Z-MFl LOT 8 632 S MAIN 15417 Z-MFl 16417 LOi 4 526 1st SW LOT 4A Z-MF1 16429 Z~MFl LOT 8A 638 1st SW Z-MF1 15430 LOT 9 Z-MF1 648 1st SW 547 1st SW ~ 545SMAIN 703 3rd SW 22778 16418 10856\ 16441 ,..+,... LOT lOA LOT 5 o ~LOTPT6 LOT 20 Z MF' Z-MFl )' ~ Z-Me. Z-MFl O~' 704 1s\ SW ~ 16431 ~~..., -<o"! 0 LOT 10 Z MF1 718 S MAIN "<:;' 7\\ 1st SW 16419 LOT PT 6 16420 Z-MF1 718 ls\ SW LOT 7 719 3rd SW 16432 Z-MF1 154-40 LOT 11 LOT 19 Z-MFl Z-MFl z z z z 0 ~ ~ ~ 60 WASHINGTON e ~ ~ ~ ~ ~<t~': 73815\ SW 15421 z Z z 16433 LOT 8 ~,~~~ ~~~;: ~~;!~ Ill""" :::E LOT 12 Z-M1'"1 ~;S;. <(<t,....:::E ~;S;. ~;g;' 3:<0:>01 Z-MF1 _~N . . . . 00 N ~ . N ~ ~ ~ W. WASHINGTON 806 1st SW 16518 LOT 7 NO ADDRESS Z-MF1 16529 ~ z z ~ LOT I ~ 0 e e e u Z-MF1 ~ ~ ~ z 814 1st SW z z Z ;r:1'-<O:>;: 16519 i..,.n;: ~1/'1<t;: :t. <0:> 1/'1;: Ill;;:;.....:::!; ~~O~ LOT 8 ~~o1' <(:ri.....:::!; ~~3r!. 3:<0:>01 3:_...JN Z-MF1 ~_...JN _~N . . . . N N ~ ~ 824 1st SW 0 ~ ~ 825 1st SW 8245 MAIN N N 16520 16530 LOT 9 1653\ LOT 2 Z-MFl LOT 3 Z-MFI Z-MFl 834 1st SW 837 3rd SW 16521 16527 LOT 10 LOT 17 Z-MF1 . ....'* ml! BLOCK 149 LOT 10A APRIL 2005 (Q)!il ~MIJ.$' DRAWN BY: CBO _.~ SCALE: 1"=100'